Fagu v. State
Case brief
What is this about?
The High Court dismissed the appeal against a life sentence conviction for murder. The court upheld the evidence, including the dying declaration and eyewitness accounts, finding no infirmity in the trial court's judgment despite some procedural lapses in witness examination timing.
What did the court decide?
The appeal was dismissed with costs. The appellant remains in custody.
What the court decided
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRA No.113 of 1998
From the judgment dated 16th March, 1998 passed by Shri S. K. Mishra, Addl. Sessions Judge, Rourkela in Sessions Trial No.177/51 of 1995.
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Fagu Kisan …… Appellant
Versus
State of Odisha …... Respondent
Advocate(s) appeared in this case :-
For Appellant : Mr. Manoj Mishra, Senior Advocate
For Respondent : Mr. J. Katikia, Advocate
CORAM : THE CHIEF JUSTICE
JUSTICE B.P. ROUTRAY
JUDGMENT
28 th October, 2021
B.P. Routray,J.
- The Appellant has been convicted and sentenced to life imprisonment by the learned Addl. Sessions Judge, Rourkela for commission of offence under Section 302 of the I.P.C.
- The Appellant – Fagu along with two others namely, Trinath and Umasankar faced trial in S.T.No.177/51 of 1995 for offences under Sections 342/302/34 of the I.P.C. The Appellant was convicted for offence of murder while other two were acquitted from the charges.
Issues for consideration
3 issues framed by the court
Whether the appellant convicted for murder under Section 302 IPC should succeed in the appeal against his life sentence.
Whether the evidence regarding delay in recording statements and late examination of eyewitnesses impugned the conviction.
Whether any infirmity was found in the impugned judgment of the trial court upholding the conviction.
Parties & counsel
- appellant
Fagu Kisan
- respondent
State of Odisha
Coram
Dr. S. Muralidhar
Case details
As recorded by the court registry
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